HomeMy WebLinkAboutItem 06.n( 6 e
September 25, 2012 1 Item No
LAKEVILLE POLICE DEPARTMENT TO ENTER INTO A JOINT POWERS
AGREEMENT WITH THE STATE OF MINNESOTA
Proposed Action
Staff recommends adoption of the following motion: Move to approve the Multi - Agency
Law Enforcement Joint Powers Agreement with State of Minnesota Department of
Public Safety Bureau of Criminal Apprehension.
Passage of this motion will allow the Lakeville Police Department to join together with
over eighty taw enforcement agencies in the MN Internet Crimes Against Children Task
Force to investigate and prosecute criminal exploitation of children through the use of
computers and the possession and distribution of child pornography using computers.
Overview
The purpose of the Agreement is to implement a three - pronged approach to combat
Internet Crimes Against Children: prevention, education and enforcement. The BCA
was awarded a grant in the amount of $320,000.00 by the Office of Justice Programs. It
shall be the policy of the Task Force agency members to adhere to strict guidelines with
respect to investigations of computer related child exploitation.
Primary Issues to Consider
• Lakeville PD will be reimbursed by the State for actual costs and expenses
related to performing MN ICAC Task Force assignments and /or training.
• This Agreement may be terminated with or without cause upon 30 days written
notice.
® This is the second year Lakeville PD is participating.
See attached Joint Powers Agreement (three original documents);
Exhibits A. B and C
Thomas E. Vonhof
Chief of Police
Financial Impact: $0 Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes:
CITY OF LAKEVILLE
RESOLUTION NO.
RESOLUTION AUTHORIZING THE
LAKEVILLE POLICE DEPARTMENT TO ENTER INTO A
JOINT POWERS AGREEMENT WITH THE STATE OF MINNESOTA
WHEREAS, the City of Lakeville on behalf of its Police Department desires to
enter into a Multi- Agency Law Enforcement Joint Powers Agreement with the State of
Minnesota, Department of Public Safety, Bureau of Criminal Apprehension with the MN
Internet Crimes Against Children Task Force to investigate and prosecute crimes
'4 r4 4 hilr+ r4 h.. I I..'4.. +:..... L..J.- +I... .,.. 1.. GI . i
corm rn
itt`Cd against c ilul Gl l a 1-1 + ulc Vrilili it al eA p l of tQ a VII VI [ VI11141 :I OII tI II U o u h t110 uJe VI
computers;
WHEREAS, the State of Minnesota /Department of Public Safety requires a
resolution of the City Council to participate;
WHEREAS, the City Council has duly considered this matter and believes that it
is in the best interest of the City to enter into a joint powers agreement;
NOW, THEREFORE, BE IT RESOVLED that the City of Lakeville shall enter into
a Multi- Agency Law Enforcement Joint Powers Agreement with the State of Minnesota,
Department of Public Safety, Bureau of Criminal Apprehension, with the MN Internet
Crimes Against Children Task Force.
DATED this 1 St day of October, 2012
CITY OF LAKEVILLE
2
Mark Bellows, Mayor
ATTEST:
Charlene Friedges, City Clerk
Contract No. 051518
Minnesota Internet Crimes Against Children Task Force
Muiti- /agency € aw Enforcement Joint Powers Agreement
This Multi- Agency Law Enforcement Joint Powers Agreement, and amendments and
supplements thereto, ( "Agreement ") is between the State of Minnesota, acting through its
Commissioner of Public Safety, Bureau of Criminal Apprehension ( "Grantee "), empowered to
enter into this Agreement pursuant to Minn. Star. § 471.59, Subd. 10 & 12, and City of
Lakeville, acting through its Lakeville Police Department located at 9237 183` Street, Lakeville,
MN 55044, ( "Undersigned Law Enforcement Agency'), empowered to enter into this Agreement
pursuant to Minn. Stat. § 471.59, subd. 10,
Whereas, the above subscribed parties have joined together in a multi- agency task force intended
to investigate and prosecute crimes committed against children and the criminal exploitation of
children that is committed and/or facilitated by or through the use of computers, and to disrupt
and dismantle organizations engaging in such activity; and
Whereas, the undersigned agencies agree to utilize applicable state and federal laws to prosecute
criminal, civil, and forfeiture actions against identified violators, as appropriate; and
Whereas, the Grantee is the recipient of a federal grant (attached to this Agreement as Exhibit A)
disbursed by the Office of Juvenile Justice and Delinquency Prevention ( "OJJDP ") in
Washington, D.C. to assist law enforcement in investigating and combating the exploitation of
children which occurs through the use of computers by providing funding for equipment,
training, and expenses, including travel and overtime funding, which are incurred by law
enforcement as a result of such investigations; and
Whereas, the OJJ'DP linernet Crimes Against Children ( "ICAC ") has established a Working
Group of Directors representing each of the existing ICAC "Tusk Forces to oversee the operation
of the giant and sub -grant recipients; and the State of Minnesota, acting through its
Commissioner of Public Safety, Bureau of Criminal Apprehension has designated Donald
Cheung as the Commander of the Minnesota ICAC Task Force.
Now Therefore, the parties agree as follows:
1. The Undersigned Law Enforcement Agency approves, authorizes, and enters into this
Agreement with the purpose of implementing a three- pronged approach to cotnbat Internet
Crimes Against Children: prevention, education and enforcement, and
2. The Undersigned Law Enforcement Agency shall adhere to the Minnesota ICAC Task Force
Program Standards contained in Exhibit B attached to this Agreement, in addition to
complying with applicable Minnesota state and federal laws in the performance of this
Agreement, including conducting undercover operations relative to ICAC ; a list of Regional
ICACTask Force, Minnesota State Affiliate Agency and Training & Technical Assistance
Page I of 4
Contract No. 051518
Program contact information is contained in Exhibit C attached to this Agreement; and
3. Exhibits A and B are incorporated into this Agreement and made a part thereof. In the event
of a conflict between this Agreement and the Exhibits, the terms of the Exhibits prevail; and
4. The Undersigned Law Enforcement Agency and the Grantee agree that each party will be
responsible for its own acts and the results thereof to the extent authorized by law and shall
not be responsible for the acts of any others and the results thereof The Grantee's liability
shall be governed by the provisions of the Minnesota Tort Claims Act, ;Minnesota Statutes,
Section 3.736, and other applicable law. 'The Undersigned Law Enforcement Agency's
liability shall be governed by the provisions of the Municipal Tort Claims Act, Minnesota
Statutes, Section 466.01 - 466.15, and other applicable law; and
All members OT ine Undersigned 1,aW E.n.OTCennent Agency 5llait l:V ntlllue tl1 be erne [J tiny ell
and directly supervised by the same Law Enforcement Agency employer which currently
employs the member performing Minnesota IC.AC Task Force assignments; and all services,
duties, acts or emissions performed by the member will be within the course and duty of that
employment, and therefore, are covered by the Workers Compensation programs of that
employer; will be paid by that employer and entitled to that employer's fringe benefits; and
6. The Undersigned Law Enforcement Agency must first submit a written request for funds and
receive approval for the funds from the Grantee to receive any funds from the Grantee; and
The Undersigned Law Enforcement Agency must supply original receipts to be reimbursed
on pre - approved requests. Approved reimbursement will be paid directly by the Grantee to
the Undersigned Law Enforcement Agency within 30 days of the date of invoice, with
payment made out to the City of Lakeville and mailed to the Lakeville Police Department,
9237 183` Street, Lakeville, MN 55044.
8, The Undersigned Law Enforcement Agency shall maintain accurate records pertaining to
prevention, education, and enforcement activities, to be collected and forwarded monthly to
the Minnesota ICAO Task Force Commander or his designee for statistical reporting
purposes; and
9. The Undersigned Law Enforcement Agency shall participate fully in any audits required by
the OJJDP. In addition, under Minn. Star. § 16C.05, subd. 5, the Undersigned law
Enforcement Agency's books, records, documents, and accounting procedures and practices
relevant to this Agreement are subject to examination by the Grantee and/or the Minnesota
State Auditor of Legislative Auditor, as appropriate, for a minimum of six years from the end
date of this Agreement; and
i 0. The Undersigned Law Enforcement Agency shall make a reasonable good faith attempt to be
represented at any scheduled regional meetings in order to share information and resources
amongst the multiple entities; and
Page 2 of 4
Contract No, 051513
11. The Undersigned Law Enforcement Agency shall be solely responsible for forwarding
information relative to investigative targets to the Child Pornography Pointer System (CPPS)
pursuant to the OJJDP guidelines; and
12. The Undersigned Law Enforcement Agency shall provide the Minnesota ICAC Task Force
Commander in a timely manner all investigative equipment that was acquired through OJJDP
grant 'funding; in the event that future federal funding is no longer available, the Undersigned
Law Enforcement Agency decides to dissolve its binding relationship with the Minnesota
ICAC Task Force and the State of Minnesota Department of Public Safety, or the
Undersigned Law Enforcement Agency breaches the Agreement.
13. That the Grantee may reimburse, the Undersigned Law Enforcement Agency for the
following duties:
A. Investigations by the Undersigned Law Enforcement Agency under this agreement should
be conducted in accordance with the OJJDP ICAC Task Force Program Standards
contained in Exhibit B, and concluded in a timely manner. The Undersigned Law
Enforcement Agency will only be reimbursed by the Grantee for overtime hours inclusive
of fringe benefits of actual hours and /or actual expenses incurred related to performing
Minnesota ICAC Task Force assignments and /or training approved by the Minnesota
ICAC Task Force Commander through the term of this agreement or until all Federal
funds under the OJJDP grant have been expended, whichever comes first.
B. The Grantee has a TOTAL Expense Budget of $ 320.000.00 that was approved under the
OJJDP Internet Crimes Against Children ( "ICAC ") Grant for investigative hours and
expense reimbursement. The Undersigned Law Enforcement Agency participating in the
Minnesota ICAC Task Force investigations will be reimbursed by the Grantee for actual
costs as defined in Clause 13, Section A., to the extent such actual costs have been
reviewed and approved by the Minnesota ICAC Task Force Commander.
14. Any amendment to this Agreement must be in writing and will not be effective until it has
been executed and approved by the same parties who executed and approved the original
agreement, or their successors in office.
15. The Undersigned Law Enforcement Agenc and the Grantee may terminate this Agreement at
anytime, with or without cause; upon 30 days' written notice to the other party.
16. Terris of this agreement:
This Agreement shall be effective on the date the Undersigned Law Enforcement Agency
obtains all required signatures under Minn. Star. § 16C.05, Subd. 2, and shah remain in
effective through May 31, 2013, unless terminated or canceled. Nothing in this Agreement
shall otherwise limit the Jurisdiction, powers, and responsibilities normally possessed by an
e as a member of the Undersigned Law Enforcement Agency,
Pave 3 of 4
Conti act Rio. 051518
'1. Undersigned Lawn Enforcement Agency
Undersigned Law Enforcement Agency certifies that the appropriate
person(s) have executed the Agreement on behalf of the Undersigned
Law Enforcement Agency and its jurisdictional government entity as
required by applicable articles, taws_, by -laws, resolutions, or ordinances.
BV and Title
Undersigned '-�a Enforcement Aaency
{Name}, {Title}
{Agency Nampy
{Name }, {Title)
{Agency Name}
{Mayor or Board Chair)
{City of I or County}
Signed:
Title:
Date
M
Date
RM
(With delegated authority) Date
3. Commissioner of Administration
By and Title Date
MN Department of Administration
(With delegated au thont
Page 4 of 4
g ; � U.S. Department of Justice
J;s
Office of Justice Programs
Office of Juvenile Justice and Delinquency Prevention
Office of the Administrator Washington, D.C. 20531
March 13, 2012
Sergeant Donald Cheung
Minnesota State Police
1430 E. Maryland Ave.
St, Pail] vrI l 5 9106
Dear Sergeant Cheung:
The Child Protection Division (CPD) at the Office of Juvenile Justice and Delinquency Prevention
( OJJDP) is looking forward to continuing our work with you and the Minnesota ICAC Task Force in
2012. This letter includes important funding information for FY 2012.
The Office of Juvenile Justice and Delinquency Prevention is inviting the Minnesota State Police to
submit an application for funding in the amount of $320,098 for the purpose of supporting continuing
operations of your ICAC task force from July 1, 2012 through June 30, 2013. The funding amount and
program period is dependent on final appropriations to the Department of Justice and is therefore subject
to change.
In preparing your application, be aware that the ICAC program is facing increased levels of fiscal and
programmatic review. It is critical that each task force ensure accurate and timely reporting of required
performance measure data, to include monthly statistics, quarterly case tracker submissions, affiliate
updates, and semi - annual progress reports. OJJDP recommends that you include sufficient resources in
your grant budget to respond to the mandatory reporting and administrative requirements set forth in the
solicitation; the OJP Financial Guide; and the Providing Resources, Officers, and Technology to
Eradicate Cyber Threats to Our Children Act of 2008.
OJJDP requires that applications for funding be submitted through the Internet using the Office of Justice
Programs online Grants Management System (GMS), The attached Application Solicitation contains
instructions for submitting your application through GMS, including details about the required content
and format of the application. Your application should be submitted under " OJJDP FY12 ICAC
CONT."
There are two important steps when submitting an online application through GMS:
• Register in GMS immediately.
• Submit your application by April 30, 2012.
Again, the enclosed Application Solicitation provides instructions for using GMS. Also, a GMS toll -free
hotline (1- 888 -549 -9901) is available as well for applicants requiring technical assistance.
I hope that this information is helpful in preparing your application for funding. If you have any questions
or need further information, please contact your Program Manager.
Sincerely,
Melodee Hanes
Acting Administrator